[1992] KECA 19 (KLR)

[1992] KECA 19 (KLR)

The Court determined that, pursuant to rule 68(1)(a) of the Court of Appeal Rules, the appeal abates automatically upon the death of the appellant. The correspondence from the officer-in-charge of G.K. Prison, Kamiti, confirmed the appellant's death on 19th August, 1992. As a result, there was no longer a party to...

Source-derived case information.

Citation
[1992] KECA 19 (KLR)
Parties
Appellant: Joseph Kipturgot A Towet; Respondent: Republic
Court
Court of Appeal
Court Station
Court of Appeal at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Appeal 42 of 1992
Procedural Posture
Criminal Appeal / Order on Abatement Due to Appellant's Death
Outcome
Appeal abated due to death of appellant.
Legal Topics
Criminal Appeal Abatement, Death of Appellant, Appeal Procedure
Source Language
en
Criminal Law Criminal Appeal Abatement Death of Appellant Appeal Procedure

Source-derived case record

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Parties

Joseph Kipturgot A Towet

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Order on Abatement Due to Appellant's Death

Legal Issues

  1. 1 Whether the appeal should proceed following the death of the appellant.

Ratio Decidendi

The Court determined that, pursuant to rule 68(1)(a) of the Court of Appeal Rules, the appeal abates automatically upon the death of the appellant. The correspondence from the officer-in-charge of G.K. Prison, Kamiti, confirmed the appellant's death on 19th August, 1992. As a result, there was no longer a party to prosecute the appeal, and the Court was compelled to formally record the abatement of the appeal.

Court Disposition

Appeal abated due to death of appellant.

Orders

  • The appeal has abated under rule 68(1)(a) of the Court of Appeal Rules.